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Harris, Law Specialist

Category: Law

Satisfied Customers: 2851

Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters

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I was divorced in 2009. In 2010 my ex wife died. Our decree

Customer Question

Dear Sir or Madam,I was divorced in 2009. In 2010 my ex wife died. Our decree absolute was granted after Financial Dispute Resolution and one of the orders was:The property Casa Felicidade in Tavira Portugal be sold forth and the net proceeds of sale, after discharge of the costs of sale, mortgage held by Barclays International Lisbon,and Capital Gains Tax (if any) be distributed as to: (i) The first £40,000 to the Respondent (My Ex Wife) (ii) The balance to the Petitioner. This order for sale be revoked upon the event of earlier payment of the sum of £40,000 by the Petitioner to the Respondent.In 2011 we tried to put the property up for sale but due to unregistered modifications to the building it could not be registered at the Local Government. It was also found that there was some corruption in the Local Government and therefore The Country's Main Government ordered a suspension of all old applications, and that suspension is still ongoing. In good faith I was paying my son (My ex wife's executor of her estate) £350 per month for a year until I became unemployed.My question: If I put the house up for sale at the going rate and it does not sell for some time due to the current financial environment, have I fulfilled my obligation and do not have to pay anything in the meantime?

Thank you for confirming. You have two options - either to sell the property and provide £40,000 to her estate or provide £40,000 to her estate, thereby revoking the order for sale.

You should be aware that her estate, if necessary, could proceed to enforce the order if they think that the price that you are attempting to sell it for is preventing a sale - thereby seeking a possible lower sale of the property to obtain your ex-wife's share of the proceeds as ordered.

To prevent them doing this you should continue to endeavour to sell the property, or settle the £40,000.

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